Dismissed

Smt.Neerajakshi v. the State of Karnataka

Karnataka HC15 Feb 2023WP/1624/2023

Case brief

AI extract

What is this about?

In this writ petition filed for direction to register an FIR, initiate disciplinary proceedings against a police station in-charge, and constitute a special investigation team, the High Court of Karnataka observed that the first prayer was infructuous as an FIR was already registered under Crime No. 32/2023 with charges under IPC sections. The court denied the other reliefs.

What the court decided

AI extract

Smt.Neerajakshi Vs the State of Karnataka — Criminal Trial and Appeal | Karnataka HC (2023)

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WP No. 1624 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1624 OF 2023 (GM-POLICE)

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BETWEEN:

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SMT.NEERAJAKSHI W/O MADHAVA GOWDA AGED ABOUT 55 YEARS R/AT DHARMASHREE NILAYA BELLARE VILLAGE SULLIA TALUK DAKSHINA KANNDA DISTRICT -574212

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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SHRI NAVEEN M GOWDA S/O MADHAVA GOWDA AGED ABOUT 32 YEARS R/AT DHARMASHREE NILAYA BELLARE VILLAGE SULLIA TALUK

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DAKSHINA KANNDA DISTRICT -574212

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…PETITIONERS

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(BY SRI. P.P.HEGDE, SR.ADVOCATE FOR SMT.RACHITHA RAJSHEKAR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA MINISTRY OF HOME AFFAIRS AMBEDKAR VEEDHI BENGALURU -560 001 BY THE SECRETARY.

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DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD BENGALURU -560 001.

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WP No. 1624 of 2023

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COMMISSIONER OF POLICE INFANTRY ROAD BENGALURU DISTRICT -560 001.

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SUB INSPECTOR OF POLICE STATION HOUSE OFFICER PUTTENAHALLI POLICE STATION J P NAGAR BENGALURU - 560 030.

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SUPERINTENDENT OF POLICE DAKSHINA KANNADA MANGALORE -575001.

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SUB INSPECTOR OF POLICE BELLARE POLICE STATION SULLIA TALUK

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DAKSHINA KANNADA 574 212.

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…RESPONDENTS

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(BY SRI.M.VINOD KUMAR, AGA FOR RESPONDENTS; SRI.C.V.NAGESH, SR.ADVOCATE A/W

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SRI.B.S.SACHIN, ADVOCATE FOR IMPLEADING APPLICANT)

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THIS WP IS FILED PRAYING TO ISSUE WRIT OF MANDAMUS OR APPROPRIATE WRIT OR DIRECTION DIRECTING THE RESPONDENT NO.4 TO REGISTER THE FIR AGAINST THE ACCUSED PERSONS PURSUANT TO THE COMPLAINT DATED 04/01/2023 VIDE ANNEXURE-G LODGED BY THE PETITIONER NO.2 HEREIN.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court seeking the following

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prayer:

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1. Issue writ of Mandamus or appropriate writ or direction directing the respondent No.4 to register the FIR against the

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WP No. 1624 of 2023

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accused persons pursuant to the complaint dated 04.01.2023 vide Annexure G lodged by the petitioner No.2 herein;

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2. Issue a writ of mandamus or any other appropriate writ or orders directing respondent No.1, 2 and 5 to consider the representation dated 25.12.2022 ( Annexure F ) submitted by Petitioner No.2 and initiate disciplinary actions against Mr.Anand, Police Sub Inspector of Bellare Police Station for committing misconduct;

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3. Issue a writ of mandamus or any other appropriate writ or orders directing the Respondent No.1 and 2 to constitute special investigation team for investigation into complaint dated 04.01.2023 vide Annexure G given by petitioner No.2 herein to respondent No.4,

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4. Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity."

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Heard the learned Senior Counsel Sri. P. P. Hegde, appearing for petitioners and learned Senior counsel Sri. C. V. Nagesh, for the impleading applicant.

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The learned AGA on instructions and verification of

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the records would submit that pursuant to the complaint so made a case in Crime No.32/2023 is registered before the Puttenahalli Police Station for the offences punishable under

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WP No. 1624 of 2023

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Sections 34, 120B, 465, 323, 342 and 468 of IPC. Therefore, the first prayer that is sought, i.e., for registration of a crime in terms of what was complained of, has been redressed. Petition insofar as the said prayer is concerned, is rendered infructuous.

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The learned Senior Counsel representing the impleading applicant would submit that the present crime so registered has resulted in duplication of the F.I.R. there cannot be two F.I.R.s' on the same cause of action. In light of the F.I.R. already registered, he would seek liberty to call that in question before the appropriate Forum, in an appropriate proceedings.

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It is needless to observe that the accused always has liberty to challenge registration of a crime, against him/them before an appropriate Forum, in an appropriate proceeding. No liberty need to be granted.

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The second prayer is for a direction to consider the representation for initiation of disciplinary proceedings against one Mr.Anand, the Police Sub Inspector of Bellare Police Station, for committing alleged misconduct, as is alleged in the complaint.

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WP No. 1624 of 2023

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It is for the petitioner, if he aggrieved to approach

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the appropriate authority, no mandamus can be issued against any Government Servant for initiation of the departmental proceedings on the asking of the petitioner unless complaint is so registered before the Competent Authority.

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The third prayer is for a direction to constitute a special investigation team for investigation into the complaint dated 04.01.2023. Since the crime was registered in Crime No.100/2022 and investigation is now in progress, Constitution of a special investigation team at this juncture, cannot be considered, unless the petitioner would come out with such culpable or demonstrable lacunae in the investigation conducted by the present Investigating Officer. The apprehension of the petitioner is that the accused is also a part of Bellare Police Station.

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The learned AGA on instruction would submit that accused Mr.Anand has been transferred out of the Police Station and he is not a part of the said Police Station and he undertakes that the Investigating Officer would conduct an impartial investigation.

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WP No. 1624 of 2023

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Theese submissions are placed on record.

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I deem it appropriate to dispose of the petition

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reserving liberty to approach this Court, if need arises in future.

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Ordered accordingly.

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Pending applications if any, are disposed of, as a

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consequence.

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SD/JUDGE

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GPG

Smt.Neerajakshi v. the State of Karnataka

Case brief

What is this about?

What the court decided

Smt.Neerajakshi v. the State of Karnataka

Case brief

What is this about?

What the court decided

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